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(영문) 대법원 2020.01.30 2019도16932
강도살인등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds indicated in its reasoning, the lower court found the Defendant guilty of the murdering part of the facts charged in the instant case and did not recognize mental and physical disorder.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of robbery.

In addition, examining various circumstances that are the conditions for sentencing as shown in the records, such as the age and behavior environment of the defendant and the person subject to the request for attachment order (hereinafter “defendant”), relationship with the victim, motive means and result of the instant crime, and circumstances after the crime, etc., even if considering the circumstances asserted in the grounds of appeal, it cannot be deemed that the lower court maintained the first instance judgment that declared life imprisonment, etc. against the defendant.

2. With respect to the case for which the request for attachment order is filed, a final appeal shall be deemed filed against the case for which the defendant files a final appeal regarding the case for which the attachment order is requested.

However, there is no entry of reasons in the petition of appeal, and there is no entry of reasons for objection in the petition of appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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